N.Y. Insurance Law 110 – Cooperation with other regulatory agencies
§ 110. Cooperation with other regulatory agencies. (a) In order to assist in the performance of the superintendent's duties under this chapter, the superintendent:
Terms Used In N.Y. Insurance Law 110
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Subpoena: A command to a witness to appear and give testimony.
(1) may share documents, materials or other information, including confidential, privileged, and trade secret documents, materials or information with other local, state, federal, and international regulatory agencies, with the New York Liquidation Bureau, with the National Association of Insurance Commissioners, its affiliates or subsidiaries, with any third-party consultant designated by the superintendent, with local, state, federal, and international law enforcement authorities, including members of any supervisory college described in section three hundred two of this chapter, provided that the recipient has the authority and agrees to maintain the confidentiality and privileged status of the document, material or other information and has verified in writing the legal authority to maintain confidentiality; provided, however, that this paragraph shall not be construed as limiting access to records pursuant to Article 6 of the public officers law, except as provided in paragraph three of subsection (b) of this section;
(2) may receive documents, materials or information, including otherwise confidential, privileged, and trade secret documents, materials or information, from the New York Liquidation Bureau, from the National Association of Insurance Commissioners, its affiliates or subsidiaries, from regulatory and law enforcement officials of other foreign or domestic jurisdictions, including members of any supervisory college described in section three hundred two of this chapter, and from any other entity designated by the superintendent in a regulation, and shall maintain as confidential or privileged any document, material or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or information; and
(3) may enter into agreements governing sharing and use of documents, materials or information consistent with this subsection.
(b) (1) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the superintendent under this section or as a result of sharing as authorized in this section.
(2) The sharing of documents, materials, or information by the superintendent pursuant to this section shall not constitute a delegation of regulatory authority or rulemaking, and the superintendent is solely responsible for the administration, execution, and enforcement of the provisions of this section.
(3) Documents, materials, or other information in the possession or control of the National Association of Insurance Commissioners or third-party consultants pursuant to this section shall be confidential by law and privileged, shall not be subject to Article 6 of the public officers law, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action.